Font Size: a A A

Research On The Legal Problems Of The Phenomenon Of "High-speed Railway Seat Hegemony"

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:W Y HeFull Text:PDF
GTID:2416330620963044Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,there have been frequent incidents of high speed railway bullying.From the male,female and female passengers who have been exposed by the media,the incidents have aroused wide public concern and public opinion.The phenomenon of high speed railway's seat hegemony is not an accident,which reflects the weak legal consciousness of citizens and the dilemma of law enforcement.By sorting out the legal relations among the seat bully,the passenger and the railway company,this paper tries to discuss the legality of the act and the necessity and countermeasures of building the rule of law culture under the guidance of the socialist core values.From the perspective of the legal relationship between the bully,the bully and the railway company,the relationship between the bully and the railway company involves civil and administrative legal relationship,the relationship between the bully and the railway company is civil contract legal relationship,and the relationship between the bully and the railway company is tort legal relationship.There are different views on whether the third party's infringement of creditor's right constitutes tort in the academic circles of civil law in China,which are mainly divided into the negative,positive and compromise theories.The bully knowingly infringes on the creditor's right of the bully to the railway company,even though he knows that there is a creditor's right and debt relationship between the bully and the railwaycompany.Although the behavior of high-speed rail bullying is illegal,the legitimacy of netizens to express their anger through human flesh bullying is also worth pondering.Improper use of human flesh search will constitute a violation of the legitimate rights and interests of others.The construction of a country under the rule of law cannot be separated from the way of thinking and behavior of citizens under the rule of law.It is an important way to build a socialist culture under the rule of law to enhance citizens' awareness of the rule of law and legal awareness,take the law as the criterion for judging right and wrong,make citizens advocate the law,respect the law and be good at using legal means to solve problems.Under the leading of socialist core values construction of the rule of law culture,cultivating citizens rely on legal means the way of thinking to solve the problem,you first need to through the core values of leadership,guidance of law enforcement,to guide the judicial legislation,legislative through scientific legislation is suitable for the national development and social progress,law,law enforcement agencies through the strict law enforcement to establish the authority of law,the judicial organs through fair and justice to protect the legitimate interests.Secondly,we should set up the consciousness of rules,form the legal belief in the whole society,and play the role of legal guidance,education and evaluation.Finally,it is necessary to strengthen the publicity of publicizing the law,and make the majority of citizens abide by the law,respect and trust the law through the change of thinking and behavior,so as to promote the construction of a socialist country under the rule of law and realize fairness and justice.
Keywords/Search Tags:legal relationship, Human flesh search, A third party infringes upon a creditor's right, The rule of law culture
PDF Full Text Request
Related items